Statutory Rules
1974 No. 123
REGULATION UNDER THE CUSTOMS ACT 1901-1973.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulation under the Customs Act 1901-1973.
Dated this twenty third day of July, 1974.
John R. Kerr
Governor-General.
By His Excellency’s Command,
(Sgd.) LIONEL MURPHY
Minister of State for Customs and Excise.
Amendment of the Customs (Prohibited Imports) Regulations†
Sixth Schedule.
The Sixth Schedule to the Customs (Prohibited Imports) Regulations is amended by adding at the end thereof the following items:—
“ 17 | Rice | 3 oz | 100 g | 4 lb | 2 kg | 8 oz, 12 oz, 1 lb, 1½ lb, Integral Multiples of 1 lb | 250 g, 375 g, 500 g, 750 g, 1 kg, 1.5 kg, 2kg |
18 | Macaroni, spaghetti, vermicelli | 3 oz | 100 g | 4 lb | 2 kg | 4 oz, 6 oz, 8 oz, 12 oz, 1 lb, 1½ lb, Integral multiples of 1 lb | 250 g, 375 g, 500 g, 750 g, 1 kg, 1.5 kg, 2 kg |
* Notified in the Australian Government Gazette on 30 July 1974.
† Statutory Rules 1956, No. 90, as amended by Statutory Rules 1958, Nos. 6 and 67; 1959, Nos. 17, 31 and 93; 1960, No. 22; 1961, No. 117; 1962, No. 82; 1963, No. 26; 1964, Nos. 25 and 39; 1965, Nos. 81, 91, 135, 167 and 190; 1966, No. 95; 1967, Nos. 41, 58, 114 and 178; 1968, Nos. 100, 141 and 161; 1969, Nos. 2, 7, 10, 39, 43 and 218; 1970, Nos. 8, 72, 105 and 194; 1972, No. 97; and 1973, Nos. 5, 6, 42, 43, 89, 93, 162, 175, 217, 227, 228 and 262.
Printed by F. D. Atkinson, Government Printer of Australia
13770/74—Price 5c 10/24.5.1974
Overview
Statutory Rules 1974 No. 123, enacted under the Customs Act 1901-1973, addresses the need to regulate and control the importation of certain goods, specifically rice and various types of pasta, into Australia. This legislative instrument, made by the Governor-General on the advice of the Executive Council, amends the Customs (Prohibited Imports) Regulations by adding specific weight and measurement restrictions on the importation of rice and pasta. The purpose of these amendments is to ensure compliance with existing customs regulations and to prevent the entry of prohibited items into the country, thereby maintaining the integrity of the customs system and protecting domestic industries. The policy objective is to safeguard Australian markets and consumers from potentially harmful or substandard imported goods.
Scope and Application
This legislative instrument, Statutory Rules 1974 No. 123, made under the Customs Act 1901-1973, amends the Customs (Prohibited Imports) Regulations by adding specific items to the Sixth Schedule. This amendment imposes restrictions on the importation of certain quantities of rice and pasta products, namely macaroni, spaghetti, and vermicelli. The regulation targets both individuals and entities engaged in the importation of these goods into Australia, thereby affecting relevant industries and commercial transactions. The regulation applies nationally across Australia, reflecting the Commonwealth's jurisdiction over customs and border control. The specified exclusions pertain only to the listed items and their respective weight measurements, which are now subject to prohibition or restriction. The application of this regulation may be further detailed or modified through subordinate instruments, which can provide additional clarity or adjustments to the listed stipulations.
Key Provisions
The Statutory Rules 1974 No. 123, made under the Customs Act 1901-1973, introduce amendments to the Customs (Prohibited Imports) Regulations. Specifically, the Sixth Schedule to these regulations is amended by the addition of two new items: rice and various types of macaroni, spaghetti, and vermicelli. These items are listed with their corresponding weights in both imperial and metric measurements. Rice is prohibited in quantities of 3 ounces to 4 pounds (100 grams to 2 kilograms), and macaroni, spaghetti, and vermicelli are prohibited in quantities of 3 ounces to 4 pounds (100 grams to 2 kilograms). The imperial measurements are also broken down into smaller units to provide clarity on permissible import quantities.
This regulation imposes clear obligations on importers and customs officials. Importers must ensure that any rice or pasta they intend to bring into Australia falls outside the specified prohibited quantities. Customs officials, on the other hand, are required to enforce these regulations by inspecting and verifying the weight of these items against the stipulated limits. This involves both physical inspection and potentially the use of weighing equipment to measure the weight of the items accurately.
Failure to comply with these regulations may result in civil or criminal penalties. Under the Customs Act 1901, penalties for importing prohibited goods can include fines and, in severe cases, imprisonment. The exact penalties would depend on the specific circumstances of the breach, including the intent behind the importation and the quantity of the goods involved. For example, knowingly importing a prohibited item could lead to more severe penalties compared to an unintentional minor breach. The Customs Act provides for penalties that can reach up to a maximum of $11,100 for individuals and $55,500 for corporations, as outlined in the relevant sections of the Act.